THE COURTS.

Lake County Press, Issue 498, 14 April 1892, Page 3

THE COURTS.

R.M. COURT, ARROWTOWN. Wednesday, April 13. (Before J. N. Wood. Esq., R.M.) G. Heller v. Choy Cow. Claim of £3 8s 9d. Ho appearance of defendant.—Verdict for amount, and 15s costa. Thursday, April 14; W, Jenkins v. J. W. Baker, Claim of £3 8s 8d meat supplied from Cardrona store. Mr Turton for plaintiff. paid lls Sd into Court and filed a eet-off for the balance (£2 17s). The set-off was for dragging two dead horses to a place for burial and bringing a broken express waggon from Crown Terrace to Arrowtown.

After hesring the evidence of J. L. Jopp, who proved that 30s was ample for tho work done by defendant.

His Worship gave judgment for plaintiff for £1 18a Bd, including tko amount paid into Court, with costs, 16« Gd. W, Soolea v. Lewia Miller. Claim of £2O —±lo damages for illegal detention of three rains and £lO failing their return. Mr Turton for plaintiff.

Evidence was given by plaintiff, Alfred Barnett, JohnGrea.vex, and \V. Elliotforplaintiff, while for the defence defendant alone gave evidence. The ram» had got into defendant’s paddock, and plaintiff and "his witnesses swore they had gone to defendant’s to take away the rams, and on one occasion had the sheep all together in defendant’s paddock for the purpose of taking away the rains, but defendant refined to allow them to do so. Defendant, on the other hand, said hi was quite willing to have given up the rams, but wanted the sheep mustered, so that his ewes would not be knocked about; and that he had offered to muster the sheep last Saturday. Hia Worship said this was a most difficult casa to deal with. Defendant had acted in an unneighborly m inner. Still, as he had stood on his rights under the Sheep Act, His Worship would have to give judgment for defendant.

Mr Turton applied for a non-auit, which His Worship decided to give. No costs.

WARDEN’S COURT, ARROWTOWN. Wednesday, April 13. (Before J. N. Wood, Esq.) APPLICATIONS. The following application* for extended claims at Crown Terrace were withdrawn : Thomas Mathieson, Henry B. Smith, John S. Mathieson, Samual Coopsr, Timothy Sheehan, Samuel Williams and John Scales, and Stephenson, O’Fee, Mackie and George Seeter, Williamson, Philp, and Gray, extended claim, one acre, Crown Terrace.—Granted. M. Redding, extended cUirr, half-acre, Crown Terrace.—Granted. James and Alexander Cullen, extended claim, two acres, Criffel Face.—Granted. Ernest Scctt, W. Fryer, A. Gallon, and J. Cullen, water-race, Cardroua. —Granted. P. M'Carthy, extended claim, one acre, Crown Terrace. —Adjourned on request to May 11. John Robertson, extended claim, one acre, Criffel Face.—Grantsd. Robertson and Fleming, water-race and dam, Meg Creek, Cardrona. —Granted. Thomas Gallaher, extended claim, halfacre, Crown Terrace.—No appearanca ; struck out. Bremer and Platow, extension of tail-raca, Brackens.—Granted. M'Kenzie, Patton, and M'Cormick, protection. for CO days of extended claim, Cardrona.—Granted. John and William Souter, protection for CO days of extended claim, New Chum.— Granted. Daniel Mi’ler and Alexander Snndstrom, extended claim, two acres, Criffel Face, Cardrona.—Granted. Hoaly, Ramsay, and Schwe.ler, extended claim, three acres, Cooper’s T orracc, Arrow River.—Granted. Sing Chong and Duck Fee, extended claim, two acres, Roaring Meg.—Granted. E. Scott and W. Fryer, protection for 90 days of extended claim.—Granted. John Watkins, water-race, German Jack’s

Gully, Arrow River.—Granted. James Gore, surrender of special claim, Cardrona. —Cancelled, Edward Stephens, surrender of extended claim.—Cancelled, Craig and Hancox, surrender of extended claim, Cardrona. —Cancelled. Thomas Mathieson, occupation licence, sections 9 and 10, block X, 89 acres, Shotover. —Adjourned to May 11. James Begbie, Mirtin Tobin, Oven Trainor, Thomas Mathieson, and John Flannery, extended claim, section 10, block X. Shotover (Crown Terrace). —This was the case heard at last Court, Noes and party objecting.

Michael Neylon, William Neylon, John Bennett, and John Jenkins, extended claim, section 10, block X, Crown Terrace.—This case was heard at last Court, Nee* and party objecting. Nees and party, extended claim, section 10, block X, Crown Terrace. This application was before the Court at last sitting, Neylon and party and Begbie and party objecting. [The three foregoing cases were heard together, and, after having taken voluminous evidence, His Worship said ho thought it might be as well to state a case for the opinion of the Supreme Court. Yesterday, however, His Worship intimated that, having gone through his notes, ha had come to the conclusion that the points were of too trivial a nature to send to the Supreme Court. He therefore granted the applications of the two first-named parties and refuaecTthat of Nees and party.—Mr Preston ; I am instructed [to give notice of appeal.— Hia Worship : All right.] Thomas Tall, surrender of extended claim, New Chum Gully, Arrow River.—Granted. Sew Hoy, surrender tor cancellation of special claim, Cardrona.—Cancelled.

R.M. COURT, QUEENSTOWN. Monday, Aphid 11. (Before J. N. Wood, Esq.) Daniel Mullgian v. John Edgar.—Claim of £l4 for sawing timber. Mr Finn for plaintiff. Daniel Mulligan, in hi* evidence, stated that the amount sued was for work done in aawing timber, for which defendant gave him an order for £l4 on Mr Fred Evans. He preionted the order to Mr Evans, and asked for payment, but Mr Evans stated that Mr Edgar bad overdrawn his account, and gave him a paper (produced) which showed that defendant had overdrawn hia account by £4 and over. Tho order had not been paid since, and was still owing to him. Cross-sxamined by Mr Edgar: You engaged me to saw the timber along with yourself. You told me you had got a contract to saw the timber for the Cornubia mine, and were to got 20i per 100 ft, and that I should get 10s per 100 ft. I was not a partner in the contract. You engaged me to help you at 10a per 100 ft. I have not been a partner or mate with you for over 20 years.

John Edgar, defendant, sworn, said : About February 1890 I got a contract to saw the timber for the Cornubia Company. Saw Mulligan and told him I had got the contract to supply the Cornubia mine with sawn timber at 20s per 100 ft and asked him if he would come along with mo as a partner and mate. He agreed to come as a partner. The work was completed in the early part of April. I then engaged with the Cornubia Company to work for wages, and did so up to about the 30th June, 1890, when work ceased at the mine. On'that date the workman got some money and an account of tho balance due them. I saw that probably I should have some difficulty in getting the £2B which plaintiff and myself had earned in sawing the timber, so I suggested to Mulligan that I would give him an order on Mr Evans for his share (£l4) and he could himself dun on Mr Evans for the money. I also thought that two looking after £l4 would have a better chance than one looking after £2B. Mulligan agreed to this. I have never received the money from tho Cornubia Company. They owe me sow over £3B. the plaintiff should also have taken proceedings sooner—not now, when he knew Mr F. Evans was oat of the country.

Hi* Worship : The defendant has failed to prove plaintiff a partner, but the plaintiff should have brought the proceedings sooner, so as to allow of the defendant recovering from Mr Evans Verdict for £l4, with coats, £2 lls in payments of £4 per month ; first payment to be made on May Ist. J. J. M‘Bride v. Charles Chase Morris (lata of Thurlby Domain). Claim of £5 14s 2J, for goods sold and delivered.—Verdict by default, with costs, lls.

Colonial Bank of New Zealand v. Julien Bordeau. Claim of £SO for balance of advance made to purchase gold. Mr Turton for Colonial Bank j Mr Finn (for defendant) said he had been instructed to ask for an adjournment, as the defendant wished the Bank to send him a copy of the mortgages held by them belonging to him, also that he could not leave his employment without the sanction of his employer.

His Worship : I can’t grant an adjournment for those reasons, and I doubt whether the action is not brought Into the wrong Court. I think it ought to have been brought before a Criminal Court. Mr Finn : I havo no instructions to defend the case, having only been asked by letter to apply for an adjournment. His Worship : I can't adjourn the case.

C. E. Gudgeon, manager of the Colonial Bank, gave evidence that the defendant had been originally given £IOO to purchase gold for the bank. This was on December 20,

1888. Since then gold had bon received by the bank from defendant at different times, and the balance due on the money advanced was £SO, for which sum he had made a demand. The money advance I for the purchase of geld an 1 the receipts of gold were kept in a separate account. Tha books produced gave the particulars of the account. Mr Turton had also made a demand on the defendant for the money, without success. The money was still owing, and the Bank wanted judgment for the amount. Verdict for amount, with costa, 77*. E. Monjon v. John M'Kenzie, Lower Shotavcr. Claim for meat supplied (£ll4s 3d.) Mr Finn for plaintiff. The defendant put in a set-off for £7 ss, £6 9s «f which was admitted by. plaintiff,

and, after hearing the evidence of both plaintiff and defendant, His Worship gave a verdict for amount c’aiine 1 (less the act-off to amount of £4 9s) ; viz., £4 15s 3d, with costs, 255. Ah Bung v. E. A. Cameron. Claim of £2O far wages. Mr Tnrton for plaintiff; Mr Finn for defendant, who put in a set-off for £1 19s Bd, and paid £9 Os 4d into Court.

Mr Tnrton: Wo admit the sot-off of £1 19s 81. The only item in dispute is £9, which defendant says he paid the plaintiff and which plaintiff denies receiving. E. A. Cameron, gave evidence as to paying the £9 in question to the plaintiff at the back door of his house at the Naiemilo on Wednesday, the 14tb October, 1891, and produced his diary and book which showed tho entries as to the payment. The payment was made in nine £1 notes. Duncan M'Donald, shepherd for D. A. Cam-ron, said he knew Ah Bang for the last three years. Yesterday week had a conversation with Ah Bung, and Ah Bung told him that Cameron owed him £lO for working in the claim, and that Cameron would not pay him. Ah Bung’s evidence was to the effect that he never received the £9 iu question. It was for work done in the garden and on the station. He received a cheque for £7 and two one-pound notes, but this was for work done iu the claim and had been credited in tho particulars of claim. Defendant never paid him nine one-pound notes at II o’clock a.m. at the back door of his house on Wednesday, the 14th October. He was not near the house on that day, as he was working in the claim at the Seventh Octobermile. The 14, ho thought, was on a Saturday.

Sing Wing and Yet Wah both gave evidence that the plaintiff was working in the claim at the Seven-mile on the 13th October, having come from Cameron’* on the night of the 13th and slept in a hut adjoining theirs at the Seven-mile, and never left the place for a week afterwards to go to Cameron’s Station.

His Worship ; The evidence is ra’har contradictory, but the weight of evidence is in favor of plaintiff. Verdict for plaintiff for amount claimed (£2O), less setoff (£1 19s 4d) and amount paid into Court (£9 Os 4d), leaving a balance of £9, with Court coats, witnesses’ expenses, and professional fee, £3 12s.

WARDEN’S COURT, QUEENSTOWN, Monday, April 11. (Before J. N. Wood, Esq.) COMPLAINTS.

D. A. Camerou v. Gin You and Gin Wye. Suit for cancellation of extended claim No. 1717 —14/3/87, Seven-mile Creek, on tho grounds of abandonment. [This was one of those tedion* mining cases of no interest to anybody save the partie* concerned, and the Chinese’ evidence was, as usual, uurcportable.] Considerable evidence was taken, lasting the whole of the afternoon. For complainants the following persons gave evidence -Angus Camaron, JohnTait, E. A. Cameron, G. M'Kenzie, John Reid, and H. N. Firth ; for the defence, W. Stenhouse, W. Murdoch, T. Ball, Sue Why, Sing Moug, Yet Wah, and Gin You. The Warden, after hearing the evidence, cancelled the certificate, with costs against defendants—in all, £6 12s. APPLICATIONS. Angus Cameron, residence area, section 17, block XVIII, east side of Moke track, Seven-mile, Lake Waka ! ipu. The Warden : This is auriferous ground, and Ido not think it should be granted. It is very unwise to make a freehold in tho middle of a goldfield. There is too much trouble to get the ground back. Look at the trouble there has been on the Crown Terrace. Application refused, as the ground would be probably required for mining purposes. E. Callaghan, protection for dam, Moke Creek. —Granted. Maori Point Dredging and Gold-mming Company, cancellation of water-race license. Upper Shotover. —Cancelled. Ezra Eldred, residence site and occupation license, east side of Fl-ws’ Creek, block IV, Mid-Wakatipu.—Granted. Londonderry Terrace Sluicing and Hydraulic Company. Cancellation of licensed holding No. 65.—Cancelled. W. Palmer, occupation liceuss, Ironstone and Muddy Croak, Upper Shotover.—Adjourned to May 9. G. Brown, Cooper and party, cancellation of machine site, Skipper’s Creek. —Cancelled. John Gilbert and party, surrender of special claim, No. 20, Lower Shotover.— Cancelled. Gin You and Gin Wye, water-race, Sevenmile.—Objected to by D. A. Cameron on the grounds that, if the application were granted, it would interfere with the work • irg of their special claim, and that the applicants had no such claim at the termination of the proposed line of race, as stated in the application.—Adjourned to May 10 for the attendance of Mr Surveyor Wilmot.